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CSK obtained a complete defense verdict in an E&O negligence case seeking $825,000

CSK Orlando Partner Robert (Bob) Swift recently obtained a complete defense verdict in an insurance agent errors and omissions (negligence) case seeking $825,000. Our client was sued for negligence and breach of fiduciary duty for selling an insurance policy to a tennis center that contained a comprehensive exclusion for tennis operations.

Plaintiff was severely injured warming up for a match and the insurer denied coverage under the exclusion. Plaintiff had severe, permanent nerve damage to her wrist and hand, and could no longer play tennis or perform routine tasks.

After a 4-day trial, Bob obtained a directed verdict on the fiduciary duty claim and the jury returned a verdict of no negligence after deliberating for approximately 30 minutes.


CSK Partners Barry Postman, Jonathan Vine and Justin Levine of the firm’s West Palm Beach office obtained

a complete defense verdict in a two week jury trial held in Federal Court today.  CSK represented two lawyers and their law firm in defense of a multi-million dollar claim for legal malpractice and fraud stemming from the lawyers representation of real estate developers in a complicated commercial development.   It was alleged that the CSK clients failed to keep their clients (the Plaintiffs) informed of their representation, agreed to the entry of a final judgment without consent, and then concealed their efforts by sending out a fraudulent e-mail suggesting the matter had been “fully litigated” despite the fact that an agreed final judgment was entered.

There was no evidence supporting Plaintiff’s consent to the final judgment and Plaintiff denied that they agreed to the same and/or were aware of their attorneys’ efforts.  The Plaintiffs asked the jury for $5.2 million dollars.  After deliberating for 5 hours over two days, the jury came back with a complete defense verdict.


CSK Partners Dan Shapiro and Mary Elizabeth (“Liz”) Lanier of the Firm’s Tampa Office obtained a complete defense verdict in a survival action in Pinellas County, Florida after a 7-day trial.  Plaintiff, by and through the Estate of the former nursing home resident, alleged nursing home negligence where the resident suffered a stroke which went unrecognized by the facility’s staff, causing a delay in treatment, catastrophic injuries, and lingering disabilities for the remainder of the resident’s life (four years).  During closing arguments, Plaintiff’s counsel asked the jury to award between $25M and $50M for the resident’s disability, medical expenses, and pain and suffering.  The jury returned a defense verdict in approximately 2.5 hours.  Mr. Shapiro and Ms. Lanier were assisted pre-trial and at trial by Laura Segura and Mariana Gallastegui, a team effort all around with a great result!

CSK Obtains Complete Defense Verdict in $1M Auto Negligence Action

CSK Partners Michelle Bartels and Daniel Shapiro of the firm’s Tampa Office obtained a complete defense verdict at trial in an auto negligence claim. The plaintiff alleged that our client, who was driving a tractor across the road, was negligent in crossing into her path of travel, causing an accident and serious injury. The plaintiff had over $400,000 in medical specials and asked the jury for an award in excess of $2,000,000.  The jury deliberated for a few hours before returning a complete defense verdict.

CSK Expands its London Presence

Cole, Scott & Kissane, P.A. (CSK) is pleased to announce that Ed Gooda has joined us as an Executive Consultant, assisting with CSK’s London-based insurance business.  Mr. Gooda lives and works in London and will serve as a liaison between the United States and London by cultivating and helping to support CSK’s relationships with its clients throughout the London insurance market.

Mr. Gooda has worked in the insurance industry since 1988 and has held senior management roles for a number of composite insurers and reinsurers, a managed general agency, a Lloyd’s managing agency and a firm of chartered loss adjusters. Mr. Gooda consults into The Chartered Insurance Institute in London and is also co-chair of the Fellowship Assessment Board; he also consults into The Institute of Risk Management, The Singapore College of Insurance and two distinguished lecturing organizations in the United Kingdom. Mr. Gooda has extensive international underwriting and claims management experience in the Lloyd’s and London markets.

CSK Obtains Complete Defense Verdict in a $1.2M Trip and Fall in Miami-Dade

CSK Partners Ben Fernandez and David Herrero of the Miami Office obtained a complete defense verdict in a trip and fall case in Miami-Dade. Plaintiff was a very likeable, middle-aged female attorney who tripped and fell over a parking wheelstop inside our client’s retail parking garage. Plaintiff argued through their expert that the wheelstop was a concealed danger due to insufficient lighting and insufficient contrast from the garage floor, and that it was considered an obstruction within a foreseeable means of egress.  Plaintiff sustained complex fractures to her foot and ankle which required surgery and left her with only 25% mobility in her foot. Plaintiff asked the jury for $1.2M and after 3 hours, the jury returned a complete defense verdict.


CSK Partners Dan Shapiro and Matt Mudano in Tampa obtained a complete defense verdict in a 7-day medical malpractice trial.  CSK represented an orthopedic surgeon who was accused of failing to diagnose an open/compound fracture that was argued to have led to the development of infections and sepsis, and ultimately, the patient’s death untimely death 4 weeks after his visit to our client.  CSK successfully argued that the fracture was closed on presentation and subsequently opened two days after the visit to our doctor through unrelated events.  CSK also argued that any subsequent infections were timely diagnosed and treated, and that the Plaintiff’s death was due to an unrelated aspiration/pneumonia type infection resulting in sepsis. During closing, Plaintiff asked the jury to award $4.6 million in damages to the Estate and his surviving spouse of 55 years. Plaintiff was approximately 75 years old at the time of his death. The jury returned a complete defense verdict.  Mr. Shapiro and Mr. Mudano were assisted by Shania Drucker and Holly Shaneyfelt for trial support, a team effort.


CSK Partners Michael Brand and David Herrero of the Firm’s Miami Office successfully defended at trial in Miami-Dade County an admitted liability case, resulting in an award less than the defendant’s suggested verdict.  The defense admitted liability after a rear-end accident which totaled plaintiff’s car.  To date, plaintiff has had one knee surgery with a recommendation for future surgery on both his shoulder and other knee.  Plaintiff requested $4-6 million dollars from the jury.  Mr. Herrero gave closing argument.  The jury deliberated and awarded plaintiff $30,000 – far less than the defendant’s suggested verdict.  Defendant’s filed a proposal for settlement, which may result in CSK’s client paying zero.  A great win all around!